In June, 1607, the Court re-assembled in Dublin Castle, and Davies at once raised objections to O’Neill’s grant. He argued that, notwithstanding the treaty of Mellifont, “Tyrone” did not include “O’Cahan’s Country”: and, therefore, that the Earl’s seizures from his vassal were unlawful. As no map was attached to the Patent (which embraced several counties) it was easy to wrangle over boundaries. The Deputy and his confederates patiently listened to the Attorney-General. They thought his contention ingenious; although it was marred by the blot that its logic required a decision in O’Cahan’s favour. This would no more have suited than a victory for O’Neill. Sir Donal had served his turn. Davies, therefore, also argued that the Earl’s Patent was altogether bad. True, he was the lawful heir to Tyrone under a prior Patent to his grandfather, Con, from Henry VIII.; but that did not count, for had he not risen in rebellion against Elizabeth? His subsequent pardon by King James without attainder was not to be made too much of; and Davies rattled on by the hour berating the fallen chief. Chichester gloated over his victim’s plight; chid him betimes when he exploded against his adversary; and in the end gave judgment against both of them. This feat was unexpected by Sir Donal, but the decree was ingenious. It ran:—“Upon examination of the whole matter, it seemed to them that the right to that country still remaineth in his Majesty.” In other words, the Treaty of Mellifont was broken, and O’Neill’s Patent was declared void. Punic faith was honour bright with Sir Arthur Chichester. A trap was then laid for the Earl by a proviso that, until his Majesty’s pleasure should be signified, O’Cahan was to have two-thirds of the lands, and the Earl one-third, but that meanwhile O’Neill was to repair to London before the following November, to await the Sovereign’s pleasure. As to the Bann, the decree was marvellously mute. Davies wrote to prepare Cecil for his victim’s visit, and make up the King’s conscience. His falsehoods, dated 1st July, 1607, were plenary:—“Plainly neither of them hath any title. It is now, and ever hath been, vested in the actual possession of the Crown since the 11th Elizabeth. Howbeit, the land lying in those remote parts, the ignorance and negligence of officers was such that it was never brought into charge.” All this, four years after the Patent of 1603, and the pardon from James I. which alone would have revived his rights (as grandson of Con O’Neill) under the Patent of Henry VIII.